Can I sue when I got hit when crossing in a pedestrian lane?

Question

I was crossing the street legally at a red light, when the car that was stopped at the light was rear ended. That stopped car hit me and I went flying, and hit the pavement hard. I have a torn MCL ligament in my knee + brusing + swelling + pain. I have to wear a brace and still limp, and can not play any sports. I am 27 and have car insurance. Do I go through my insurance for a settlement or sue? And how much?

Jeffrey Lapin · Answer

Yes you can sue for getting hit by a vehicle while you were crossing the street assuming you were crossing the street legally (with the light and/or Walk signal).  You would go through your own car insurance initially to pay for your medical expenses under your Medical Payments Coverage. When you are done treating you would then try to settle with the at-fault driver's car insurance company, which, from your description, would be the car insurance company for the car that rear-ended the car than hit you. If you cannot settle for a fair amount then you would sue the driver of the vehicle. In most cases you have to sue the driver as you cannot sue the insurance company except under specific circumstances.  As to how much your case is worth I cannot answer that question without more information. Each case is different and its value is based on its particular facts. A person is entitled to be "made whole" or "compensated" for all injuries and damages they sustained. There are a number of factors that determine what a case is worth. Some of these include, but are not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; your medical expenses; lost wages; and pain, suffering and inconvenience. If an injury is permanent, a person may be entitled to additional money for some or all of these items.  Without knowing your total medical expenses, lost wages and whether you will have permanent restrictions, I cannot even provide an estimate of what your case might be worth.  You might want to talk to an automobile accident attorney. Most of these attorneys offer a free consultation so it will not cost you anything to learn more about your rights and options.

Michael Yurasov-Lichtenberg · Answer

Your car insurance is not likely to have anything to do with this incident. You need to file a lawsuit against the driver and the owner of the car that hit you; he/she will bring into the suit the driver/owner of the car that caused the collision; and both defendants will involve their insurance companies. (To cover all bases, you should also file accident report with the police and notify insurance companies of both drivers).  The drivers/owners will have to fight out in court the allocation of the fault; but it hardly matters to you who will end up paying for the harm you suffered.  The amount of your claim should include the costs of your medical treatment and rehabilitation, the earnings you lost as the result of your injury, and compensation for pain and suffering. Depending on the circumstances of the collision, you might also receive punitive damages (for instance, if the court finds that the driver of the second car caused the collision because he was grossly negligent).  Often, people in your situation feel tempted to accept the settlement the faulty driver's insurance will surely offer. It resolves the problem of paying for the treatment, and gives you a nice wad of cash when you need it to pay your bills while you cannot work. Considering the settlement offer, remember that the insurance company does not extend it to you out of goodness of its corporate heart: it wants to limit its losses. If you accept the settlement, you will not be able to go to court later, neither against the insurance company nor against the driver personally, even if it turns out that the money you accepted does not come close to covering all your medical expenses, or if the injury causes a long-term disability.

Melvin Franke · Answer

You sue the car that hit the car that hit you.

Stephen Lombardi · Answer

Yes you have a valid claim. Your claim is against either the driver of the   car causing the accident, the owner of that car and your own insurance  company  for both medical pay and perhaps uninsured/underinsured insurance. As  for the  amount it's way too early to know the answer to that question.

Mindy Bish · Answer

You will need to file a claim against the care that rear ended the car that eventually hit you.  You need to get a copy of the police report to see if the car was being driven by an employee of the government in order to insure you do not wait to long.  Most attorneys will take these kind of cases on a contingency fee meaning you don't pay unless you win so you might want to see if you can get in person legal advice.

Paul Whitfield · Answer

You have a claim against the car that caused your injury. you sue the driver. What your case is worth is based on injury nature, extent, medical care, doctor opinion. Bills etc etc etc. Get you a good PI lawyer.

Benjamin Deaver · Answer

There are many factors the must considered when valuation a case.

Andrew Velonis · Answer

I'd take that case in a hot minute. The insurance company for the car that hit you pays your medical bills and your time out of work.  It wasn't that driver's fault, but that's why it's called "no-fault".  All you have to do is find out the name and address of the insurance company, call them and tell them you are making a no-fault claim.  They will send you a no-fault benefits application, fill it out as best you can (there are likely some blanks you won't know) and get it to them ASAP.  Insurance companies live on paperwork and if you don't get it to them on time, they don't want to know you.  As for the rest of it, consult a personal injury lawyer in your area. This is a tricky business and there is no room for do-it-yourselfers. You would be up against professional insurance people, lawyers who know what they're doing and rules upon rules upon rules that you don't know anything about. If you retain a lawyer you will be much more likely to get the right result.

Timothy Howard · Answer

It certainly sounds as though you would have a valid claim. Initially, I believe you would attempt to make a claim against the driver of the car that rear-ended the one that struck you. If your damages exceed the available insurance coverage under that policy, you may be able to pursue a claim under your own underinsured motorist coverage. This is not something I would recommend doing by yourself, though. For a case as serious as this, I would recommend contacting a personal injury attorney. Most offer free consultations and take cases on a contingency fee basis. This means you do not pay any attorneys fees unless they win your case.

Christian Paul · Answer

If I understand you correctly, you were walking and were hit by the stopped car, which in turn was hit by another car.  You have the right to be made whole for your injuries, including medical bills and medications, lost work, disfigurement, pain and suffering, and perhaps more.  All you will get is money what is known as money damages to compensate you.  The tort feasors (wrongdoers) would include both car drivers, at least from the standpoint of your claims.  That you have car insurance is irrelevant.  For that matter, whether the drivers have insurance makes little difference to you, from the standpoint of what you can do.  You don't sue their insurance carriers, you sue them.  They may turn it over to the insurer, but that's up to them.  You need to get all necessary help to get back to your old self, and keep all papers and photos to prove your injuries, medical bills and medicine, lost work, everything.  A diary of your subjective feelings of pain and suffering and inconvenience will help you remember what it was like later, when you are all better.  You have two years from the date of the injury to file suit, but you may make a demand to the defendants at any time.  You should consult with personal injury attorneys and take with you all the evidence referred to above and see what they have to say about your case.  You may pay by the hour or on contingent fee, depending on what you prefer and what the lawyer is willing to agree to.  You may sue without an attorney, of course, but that may not get you the same result.  Good luck, and get better fast.

Gary Moore · Answer

Do both. File a claim with your insurance company for no fault medical benefits. File a claim against both drivers, using a lawyer.

Thomas Bulman · Answer

The car that rearended the car that struck you is responsible.  Sue them..

Mark West · Answer

The first question is when did this happen?  You would not go through your insurance as you were not in your car nor were you getting in or out of it when the incident occurred.  I would suggest you speak with an attorney and go over your options.  Was there a police report?  Did you get the names and insurance information of the people in both cars?  These are important matters that the attorney you speak with will need to know.

Mark Leonardo · Answer

If you were in the cross-walk legally, you have a good claim.  Get a free consultation from a personal injury attorney in your area.  The amount you seek is based on a variety of factors, including lost earnings, medical expenses, the length of time to recover, missed activities, pain and suffering, etc.

Maurice Abarr · Answer

Your case could be worth substantial money. Contact a personal injury lawyer.

Brett Rosenthal · Answer

No you make a claim against the at fault party's insurance and you have 2 years from date of loss to file suit. However, you need to treat for your injuries, to include having surgery on your MCL ligament because once you execute the release that will be required to settle the case if you discover after the settlement that you have additional injuries it is too late to pursue those injuries. Therefore, you need to be evaluated and treated for all your injuries and once you have return to pre accident status or your doctor tells you that you have improved as much as he/she expects and you will have some permanent residuals, then and only then are you ready to settle your case. Also, keep in mind that carriers generally do not offer reasonable compensation for claimants who are unrepresented because they know that you are not able to file a lawsuit. Given the significant injuries and required treatment you need to be represented as soon as possible to navigate the difficulties with the carrier, but also making sure you get the medical care that you need.

Jon F. Schmoll · Answer

The person who was driving the car which rear-ended the stopped car is responsible for your injuries.  If he doesn't have insurance, your auto insurance  should provide coverage for uninsured motorists which should cover injuries while you are a pedestrian.  Your automobile med pay should cover your medical expenses if you don't have health insurance.

John Brennan · Answer

See an attorney, it depends on what state you are in but is sounds like you have significant, and recoverable, injuries.

Robert Lucky · Answer

You have several options that are available to you. You should go through the at-fault person's insurance first; however, you might have some coverages available to you under your insurance policy as well.

Edmund Allen · Answer

It sounds like you have a good personal injury claim against the driver that rear-ended the car that properly stopped for you in the cross walk.

Michael Heilmann · Answer

A suit is dependent on the responsibility of the driver that hit you. If you crossed illegally, you will have a hard time.

James Kelaher · Answer

You submit your medical bills and any lost wage reimbursement to your own insurance company and then if you meet the no-fault threshold of a permanent injury or permanent scarring, you can go against the at-fault party's insurance for the balance of your medicals & wage loss and pain and suffering.

Mark Sternlicht · Answer

Your claim is most likely against the vehicle that hit the car that was stopped at the light.  You should consult an attorney with experience in personal injury cases, particularly motor vehicle cases.

Ronald A. Steinberg · Answer

Absolutely.  However, in my opinion, you should sue both cars, just in case the idiot that rearended the stopped car claims that the other car slammed on its brakes, causing the accident.  If you sue them both, you sit back and let them fight it out.

John Turck · Answer

Yes, you should certainly bring a claim against the driver who hit you. There's no way I can give you any precise dollar figure as to the "how much" question, but I would urge you to consult with an attorney right away, particularly if the other driver's carrier has been trying to get in touch with you (hoping you won't talk to an attorney first).

Ryan Tomalas · Answer

Yes, you do have a potential claim to pursue for this incident. The driver/vehicle that caused this collision could/should be held liable for your injuries. Furthermore, it is possible that the vehicle that was pushed into you might also be apportioned some of the liability. Finally, if you carry medical payments benefits and/or uninsured motorist coverage under your automobile insurance policy that coverage would likely extend to this situation as well. We have handled many claims similar to this and would be happy to give you a Free Evaluation of your claim. Please contact our office at 949-756-8711. We look forward to hearing from you.

Eric Rothstein · Answer

You have to show "serious injury" in order to collect for pain and suffering and a tear alone does not qualify. This does not mean you may not have a case. You need to do a no-fault insurance claim, within 30 days of the accident, to get your medical bills and lost wages paid. I handle these cases so feel free to contact me.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can I sue when I got hit when crossing in a pedestrian lane?

27 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer